Huskins v. McElroy
Supreme Court of Iowa
Appeal from Johnson District Court. . ActioN in equity. The relief asked is that an injunction issue restraining the defendant from the commission of certain alleged trespasses, and that the damages for certain trespasses committed be ascertained, and that the plaintiff recover a judgment therefor. An injunction was issued, which the defendant moved to dissolve upon the answer and certain affidavits in support thereof.
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Appeal from Johnson District Court. . ActioN in equity. The relief asked is that an injunction issue restraining the defendant from the commission of certain alleged trespasses, and that the damages for certain trespasses committed be ascertained, and that the plaintiff recover a judgment therefor. An injunction was issued, which the defendant moved to dissolve upon the answer and certain affidavits in support thereof. Affidavits were also filed by the plaintiff in resistance of the motion, which was overruled.
1Opinion of the CourtSeevers, J.
The petition states that the plaintiff was the owner of certain described real estate. That the defendant was also the owner of certain other real estate, which, or a portion of which, abutted on that owned by the plaintiff. That plaintiff’s grantor in 1860 owned the land now owned by the defendant, and that the said grantor conveyed to John P. Hawkins, who in 1865 conveyed to Hines, who in 1880 conveyed to the defendant. The jdaintiff’s grantor had for his convenience a wagon way from his house over the premises belonging to the plaintiff, and the same was used by the plaintiff’s grantor,…
2Cases cited2 opinions
- Shricker v. FieldSupreme Court of Iowa · 1859
- Mills v. HamiltonSupreme Court of Iowa · 1878
3Cited by2 opinions
- Heisinger v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1920
- Peoples Savings Bank v. McCarthySupreme Court of Iowa · 1928